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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
The
regular meeting of the Miami Shores Village Code Enforcement Board was held on
PRESENT: Barry Perl, Chairman
Barry Asmus
John Patnick
(Arrived at
Robert
Vickers
Manny
Quiroga
Rod
Buenconsejo
John Busta
ALSO
PRESENT:
Hillary Skumanich, Code Enforcement Officer
Richard Sarafan, Village Attorney
Irene M.
Fajardo, Administrative Assistant.
All
persons testifying were sworn in at this time.
1. A)
Mr.
Quiroga made a motion to approve the
2. B) FIRST
HEARING
Case #: 2003-03981
Owner: Amelia La O
Address: 53 NE 102 St.
Violation: Failure to maintain parkway/Lack of off street
parking.
Section: 20-17; 520(i)/ 521(b)1(d)
The
officer, Hillary Skumanich, testified that a violation still existed on the
property. Pictures were submitted to the
Board as evidence of the violation. The
attorney, Mr. Kircher, was there to represent the owner and present the
case. Mr. Kircher agreed that a
violation exists and requested more time for the owner to come into compliance. He explained that the owner is an elderly
widow who has been trying to come into compliance. Mr. Kircher also explained that there is a
tree where the parkway would be installed and that she would need to remove
that tree first. The property owner, Ms.
La O, needs more time in order to have the money to make the necessary repairs.
The Board discussed the property’s condition and inquired on the amount of time
that the owner would need to come into compliance. Mr. Kircher stated that ninety days would be
reasonable if the Board allowed it.
Staff recommended approval for the additional time.
After further discussion from the
Board, Mr. Vickers moved for a finding of fact and
a conclusion of law that a violation exists according to Sections 20-17;520(i)/521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation in
(90) ninety days and shall immediately notify the Code Enforcement Officer when
the property is brought into compliance.
If compliance is not completed in (90) ninety days, the Code Enforcement
Officer is to report back to the Board and the Board may then assess a fine
against the violator in the amount of $25.00 a day, starting on the date of
original compliance given in the Notice of Violation. This will constitute a
lien on the property of the violator.
Costs in the amount of $15.00 per violation are hereby assessed to
recoup the Village’s expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. Motion passed 6-1. (Mr. Asmus voted no).
Case #: 2003-03955
Owner: Antonio Fernandez
Address:
Violation: Failure to maintain parkway/Lack of off street
parking.
Section: 20-17; 520(i)/ 521(b)1(d)
The officer, Hillary Skumanich, testified that a
violation still existed on the property.
Pictures were submitted to the Board as evidence of the violation. The property owner, Antonio Fernandez, was
there to present the case. Mr. Fernandez
stated he found that a violation existed after purchasing the property but that
he is in the process of bringing the property into compliance. He requested additional time from the Board
to comply. The Chairman, Barry Perl,
disclosed that he lives across the street from the property in questioned and
confirmed that the owner has been steadily making improvements. Staff recommended additional time for
compliance.
After further discussion from the
Board, Mr. Quiroga moved for a finding of fact and
a conclusion of law that a violation exists according to Sections 20-17;520(i)/521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation in (60)
sixty days and shall immediately notify the Code Enforcement Officer when the
property is brought into compliance. If
compliance is not completed in (60) sixty days, the Code Enforcement Officer is
to report back to the Board and the Board may then assess a fine against the
violator in the amount of $25.00 a day, starting on the date of original
compliance given in the Notice of Violation. This will constitute a lien on the
property of the violator. Costs in the
amount of $15.00 per violation are hereby assessed to recoup the Village’s
expenses in prosecuting the violations to date.
Mr. Buenconsejo seconded the motion.
Motion passed 6-1. (Mr. Asmus
voted no).
Case: 2003-04171, 4175, 4283
Owner: Phyllis Russell
Address: 1061 NE 91 Terr
Violation: Unsightly
fascia, soffit, and house exterior/Improper treatment of refuge/Deteriorated
driveway and approach.
Sections: Bldg. 12-133/ 9-2(b)(c);9-5/
520(h)(i)
The officer, Hillary Skumanich, testified that a
violation still existed on the property.
Officer Skumanich stated that the owner applied for a permit to paint
and requested additional time for compliance.
Pictures were submitted to the Board as evidence of the violation. Markus Walters, the son of the property
owner, was there to present the case. Mr.
Walters agreed that violations exist on the property. Mr. Walters stated that he is in the process
of bringing the property into compliance.
He explained that he needed additional time to repair the driveway since
there is a Black Olive tree in which the roots are causing cracks on the
existing driveway. He has been in
contact with DERM and with Miami Shores Public Works in regards to the removal
of the Black Olive tree. Mr. Walters
explained that he needed additional time to find estimates for the removal of
the tree. The Board discussed the
condition of the existing driveway and the removal of the Black Olive
tree. Chairman Perl stated that the
Board would make separate motions for each of the cases.
In regards to case 2003-04283,
Mr. Quiroga moved for a finding of fact and a conclusion of law that a
violation exists according to Sections 520(h)(i) of
the Miami Shores Village Code. The
violator shall correct the violation in (60) sixty days and shall immediately
notify the Code Enforcement Officer when the property is brought into
compliance. If compliance is not
completed in (30) thirty days, the Code Enforcement Officer is to report back
to the Board and the Board may then assess a fine against the violator in the
amount of $25.00 a day, starting on the date of original compliance given in
the Notice of Violation. This will constitute a lien on the property of the
violator. Costs in the amount of $15.00
per violation are hereby assessed to recoup the Village’s expenses in
prosecuting the violations to date. Mr.
Buenconsejo seconded the motion. Motion
passed 7-0.
In regards to case 2003-04171,
Mr. Quiroga moved for a finding of fact and a conclusion of law that a
violation exists according to Sections 12-133 of the Miami Shores Village
Code. The violator shall correct the
violation by
In regards to case 2003-04175,
Officer Skumanich stated that someone at the property dumps their furniture
outside to be picked up by Public Works.
She stated that there have been complaints about the dumping by other
neighbors but that she did not have the pictures to submit to the Board. Officer Skumanich stated that the case was
currently closed but requested a Repeat Order in case the violation is
repeated. The Board inquired about not
having the pictures as evidence of the violation. Richard Sarafan, The Village’s attorney,
stated that the Board motions according to the evidence that is presented to
them including the property owner’s testimony.
Mr. Walters agreed that a violation existed on the property. The Board inquired about the code sections
that were being violated. Mr. Sarafan
read the code sections pertaining to the violation and stated that they did not
cover the nature of the violation. After
a brief discussion, the case was withdrawn.
Case: 2003-04169, 42
Owner: James and Jane Dentico
Address:
Violation:
Unsightly fascia, soffit, house exterior/ Parking on grass
Section: Bldg. 12-133/521(b)1(d)
The
officers,
In regards to case 2003-04169,
Mr. Asmus moved for a finding of fact and a conclusion of law that a violation
exists according to Sections 12-133 of the Miami Shores Village Code. The violator shall correct the violation by
Officer Flores presented case 2003-04217. He explained that Mrs. Dentico had removed
the vehicles from the property but that she had partly resodded the yard. Mr. Wolland stated that the owner agrees to
resod the areas necessary and requested sixty days for compliance. The Board stated that sixty days is more time
than necessary to resod.
In regards to case 2003-04217,
Mr. Asmus moved for a finding of fact and a conclusion of law that a violation
exists according to Sections 521(b)1(d) of the Miami
Shores Village Code. The violator shall
correct the violation in fifteen (15) days and shall immediately notify the
Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in fifteen
(15) days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator in the amount of $25.00 a
day, starting on the date of original compliance given in the Notice of
Violation. This will constitute a lien on the property of the violator. Costs in the amount of $15.00 per violation
are hereby assessed to recoup the Village’s expenses in prosecuting the
violations to date. Mr. Vickers seconded
the motion. Motion passed 7-0.
Officer
Flores presented case 2003-04219.
Officer Flores stated that painting was done without a permit and needed
to get approved. Pictures of painting in
progress were submitted to the Board as evidence. Mrs. Dentico maintained that she was only
“touching up” the areas around her patio.
She later obtained a permit application and was waiting to get approval
for the color.
In regards to case 2003-04219, Mr. Vickers moved for a
finding of fact and a conclusion of law that a violation exists according to
Sections Bldg 6-4 of the Miami Shores Village Code. The violator shall correct the violation in
fifteen (15) days and shall immediately notify the Code Enforcement Officer
when the property is brought into compliance.
If compliance is not completed in fifteen (15) days, the Code
Enforcement Officer is to report back to the Board and the Board may then
assess a fine against the violator in the amount of $25.00 a day, starting on
the date of original compliance given in the Notice of Violation. This will
constitute a lien on the property of the violator. Costs in the amount of $15.00 per violation
are hereby assessed to recoup the Village’s expenses in prosecuting the
violations to date. Mr. Buenconsejo
seconded the motion. Motion passed 7-0.
Case: 2003-04212
Owner: Green
Address: 10675 NE 11 Ave.
Violation:
Unauthorized construction and alteration
Section: Bldg. 6-4
The officer,
Case: 2003-04238
Owner: Ignacio and Ana Soto
Address: 137 NE 106 St.
Violation:
Unauthorized construction and alteration
Section: Bldg. 6-4
The officer,
Case: 2003-04249
Owner: Success
Address: 75 NW 110 St.
Violation:
Unauthorized construction and alteration
Section: Bldg. 6-4
The officer,
After
further discussion from the Board, Mr. Vickers
moved for a finding of fact and a conclusion of law that a violation exists
according to Sections 6-4 of the Miami Shores Village Code. The violator shall correct the violation in (30)
thirty days and shall immediately notify the Code Enforcement Officer when the
property is brought into compliance. If
compliance is not completed in (30) thirty days, the Code Enforcement Officer
is to report back to the Board and the Board may then assess a fine against the
violator in the amount of $25.00 a day, starting on the date of original
compliance given in the Notice of Violation. This will constitute a lien on the
property of the violator. Costs in the
amount of $15.00 per violation are hereby assessed to recoup the Village’s
expenses in prosecuting the violations to date.
Mr. Quiroga seconded the motion.
Motion passed 7-0.
Case: 2003-04104
Owner: Gladys Yamir Abreu
Address: 366 NE 99 St.
Violation:
Unsightly fascia, soffit, house exterior
Section: Bldg. 12-133
The officer,
After
further discussion from the Board, Mr. Busta moved
for a finding of fact and a conclusion of law that a violation exists according
to Sections 12-133 of the Miami Shores Village Code. The violator shall correct the violation in
(60) sixty days and shall immediately notify the Code Enforcement Officer when
the property is brought into compliance.
If compliance is not completed in (60) sixty days, the Code Enforcement
Officer is to report back to the Board and the Board may then assess a fine
against the violator in the amount of $25.00 a day, starting on the date of
original compliance given in the Notice of Violation. This will constitute a
lien on the property of the violator.
Costs in the amount of $15.00 per violation are hereby assessed to
recoup the Village’s expenses in prosecuting the violations to date. Mr. Vickers seconded the motion. Motion passed 7-0.
Case: 2003-04203, 2003-04282
Owner: Edwin Reeder
Address: 525 NE 93 St.
Violation: Permitted uses: single family/Auto repairs in
residential zone and junk car on premises.
Section: Sche. Reg 400/401/501(k)
The officer, Hillary Skumanich, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. Officer Skumanich stated that the property is now in compliance but that the owner has been written several times for the same violation. She stated that cars were being repaired on the property and that there were different vehicles on the property at different times. She also stated that the tags on the vehicles did not belong to the property owner. Officer Skumanich requested that a Repeat Order be issued to the property owner. The Board discussed the evidence presented by Officer Skumanich. After a brief discussion, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation existed and that it has been corrected. The property owner shall comply with Sections Sche. Reg 400/401 and 501(k) in the future. A repeat violation, if observed, shall be an immediate fine, even if corrected. Mr. Vickers seconded the motion. Motion passed 7-0.
Summary Adjudication: Case #’s: 2003-03856, 2003-03942, 2003-03957, 2003-04061, 2003-04064, 2003-04102, 2003-04117, 2003-04129, 2003-04143, 2003-04158, 2003-04167, 2003-04179, 2003-04180, 2003-04181, 2003-04192, 2003-04194, 2003-04195, 2003-04206, 2003-04207, 2003-04225, 2003-04320, 2003-04265, 2003-04305, 2003-04307, 2003-04309, 2003-04310.
Chairman
Perl read each case and address into the record and asked if anyone was
present. No one was present.
The
officer,
Mr. Busta
made a motion for a summary adjudication of all such cases to include a finding
of fact and conclusion of law that a violation exists as charged in the
respective notice of violations issued therein and that, in each case, the
offending party will correct the violation within the time period specified by
the staff in the staff recommendations for these hearings, and will immediately
notify the code enforcement officer when the property is brought into
compliance. In each such case, if the
violation is not brought into compliance within such time periods, the code
enforcement officer may report this back to the Board in accordance with the
Board’s rules and regulations at which time a fine is hereby authorized to be
automatically assessed against the violator in the respective daily amounts
specified in staff’s recommendations for tonight’s hearing, retroactive to the
original compliance deadline, which will constitute a lean on the property of
the violator. Further, with respect to
each of the cases, costs in the amounts specified in staff’s recommendations
for tonight’s hearings are hereby assessed in order to recoup the Village’s
expenses in prosecuting the violations to date.
Mr. Buenconsejo seconded the motion.
Motion passed 7-0.
3.C) PENALTY HEARINGS
Case: 2003-03950, 2003-03951
Owner:
Address: 155 NW 97 St.
The officer, Hillary Skumanich, testified that violations
still existed on the property. Pictures
were submitted to the Board as evidence of the violations. The property owner, Mattie Payne, was there
to present the case. Mrs. Payne agreed
that violations still existed on the property.
She confirmed that she is doing her best to come into compliance but
that she is having financial difficulties.
She requested additional time for compliance. After a brief discussion, Mr. Quiroga made a
motion to continue the cases until
Case: 2003-03902
Owner: Theodore and Penelo Petrosky
Address: 53 NW 105 St.
The officer,
Summary
Adjudication: Case #’s: 2003-03880, 2003-03935, 2003-03940,
2003-03974, 2003-04066.
Mr. Quiroga
moved for a summary adjudication of all such cases to include a finding of fact
and conclusion of law that a violation exists as charged in the respective
notice of violations issued therein and that, in each case, the offending party
shall correct the violation within the time period specified by the staff in
the Staff recommendations for these hearings, and shall immediately notify the
Code Enforcement Officer when the property is brought into compliance. In each such case, if the violation is not
brought into compliance within such time period, the Code Enforcement Officer
may report this back to the Board in accordance with the Board’s rules and
Regulations at which time a fine is hereby authorized to be automatically
assessed against the violator in the respective daily amounts specified in
Staff’s recommendations for tonight’s hearing, retroactive to the original
compliance deadline, which will constitute a lean on the property of the
violator. Further, with respect to each
case, costs in the amounts specified in Staff’s recommendations for tonight’s
hearings are hereby assessed in order to recoup the Village’s expenses in
prosecuting the violations to date. Mr. Buenconsejo
seconded the motion. Motion passed 7-0.
4.D) REQUEST FOR RELIEF
Case:
8885
Owner:
Nathan Rodriguez
Address:
6 NE 105 St.
The
property owner, Nathan Rodriguez, was there to present the case. Mr. Rodriguez stated that the notices were
sent to the old owners. He was there to
request a refund of the total amount of $3,630.00, which he paid to release the
lien. Evidence in the file showed that
the notices were sent to the old owners but that the property was posted. Evidence in the file also showed that the
current property owner had contact with Officer Ernst Louis in regards to the
violation. The Board discussed the intentions of the property owner as an
investor in
Case:
2000-01077, 8813
Owner:
Jorge Mesa
Address:
140 NE 93 St.
The
property owner, Jorge Mesa and his attorney Michael Kauffman,
were there to present the case. Mr.
Kauffman explained that Mr. Mesa purchased the property without knowing that a
lien existed. Mr. Mesa did not have
title insurance. Mr. Kauffman explained
that the property was vacant and in need of repairs. Mr. Mesa has cured all of the violations on
the property and is seeking some relief of the fines. Officer Skumanich stated that she was very
pleased to see that someone had taken care of the property and that it is now
in great condition. After a brief
discussion, Mr. Buenconsejo made a motion to accept the offer of $1,734.50 payable in 15 days or the lien reverts back to the
original amount of $3,965.00. Mr. Patnick seconded the motion. Motion passed 6-1. (Mr. Asmus voted no).
Case:
2002-02301, 2002-02302, 2002-02303, 6526, 6527, 8098, 9312
Owner:
Andre Hilaire
Address:
46 NW 95 St.
The
attorney, Loy Whittecker, was there to represent the property owner, Andre
Hilaire. Mr. Whittecker explained that
Mr. Hilaire was ill and that he also has a language barrier because he does not
speak English. Mr. Hilaire had attended
the previous meeting with an offer of $5,105.00 which was denied and was there
to make a new offer of $10,500.00. After
a brief discussion of the case, Mr. Quiroga made a motion to accept the offer
of $10,500.00 payable in 10 days or the lien reverts back to the
original amount of $126,901.84. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Perl voted no).
5.E) NEXT MEETING
Mr.
Quiroga made a motion that there will not be a meeting on
6.F) ADJOURNMENT
Mr.
Quiroga made a motion for adjournment.
Mr. Buenconsejo seconded the motion.
Motion passed 7-0. The
____________________________________
Mr. Barry Perl, Chairman
________________________________
Irene
M. Fajardo, Recording Secretary